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Meeting Minutes Meeting Minutes THE REGULAR MEETING of the PLANNING BOARD of the Town of Cortlandt was conducted via Zoom on Tuesday, July 7th, 2020. The meeting was called to order, and began with the Pledge of Allegiance. Loretta Taylor, Chairperson presided and other members of the Board were in attendance as follows: Thomas A. Bianchi, Board Member Steven Kessler, Board Member Robert Foley, Board Member Jeff Rothfeder, Board Member George Kimmerling, Board Member Valerie Myers, Board Member ALSO PRESENT: Michael Cunningham, Assistant Town Attorney Michael Preziosi, Director, DOTS Chris Kehoe, Deputy Director, DOTS * * * CHANGES TO THE AGENDA Ms. Loretta Taylor stated there are no changes to the agenda tonight. * * * ADOPTION OF THE MINUTES OF THE MEETINGS OF JUNE 2, 2020 Ms. Loretta Taylor stated I don’t believe we have the minutes of the meeting of the June 2nd do we? Mr. Chris Kehoe responded I thought I sent those along in all those emails I sent. Mr. Steven Kessler stated you did. Ms. Loretta Taylor asked did you? Mr. Chris Kehoe responded yes. Ms. Loretta Taylor stated okay, I guess I missed something. Is there anyone who would like to motion for the adoption of the minutes? 1 So moved, seconded. Mr. Robert Foley stated on the question, I have them here. I read most of it. I’ll submit the one correction to Chris. With all in favor saying "aye". * * * Mr. Michael Preziosi stated Loretta, I just want to mention that there are about 33 attendees on the Zoom meeting right now. So just so everybody is aware, during a regularly scheduled public hearing if any of the individuals that are on the call on the Zoom meeting would like to speak, use the ‘raise your hand’ function on the Zoom screen and if you’re on a phone I believe it is ‘star 9’ and then that will allow me to access and allow you to speak. But that’s only for public hearings. The rest of the cases are just being discussed tonight with the board and staff. * * * CORRESPONDENCE a. Receive and file the June 24, 2020 referral from the Town Board regarding proposed revisions to the Town Tree ordinance, Chapter 283 of the Town Code. Ms. Loretta Taylor asked were there any comments that you wanted to make regarding this? You know that I did have a couple of concerns regarding some areas in the ordinance. The ones I want to refer to occur fairly early on, page 5, regarding activities permitted as-of-right. In the discussion prior to that, the little paragraph before that, it says that no property shall permit any kind of removal or clearing with regard to trees. It does say that a permit is required to be filed even, even, for as-of-right activities. There is a listing of specific things that are as-of-right. One of the things that concerns me though, before we get to that, is the sentence earlier in the paragraph which says that: When tree removal occurs pursuant to a storm event or other emergency condition or danger, work may commence immediately upon prior notification to the town. And then of course within 10 days after that removal then the person should present a letter stating exactly what was done. The point that I want to make here with respect to this particular paragraph and the sentence within it “upon prior notification to the Town.” When you have a severe storm and there’s a lot of impact on the trees in the area; they’re broken, they’re falling down, or whatever, you don’t always have time to give prior notice to the Town before you deal with that tree. I really think that people should think about it because that tree could be in your driveway, preventing you from getting in and out of your place. They could be falling on some piece of structure on your property and you 2 need to get rid of it. I just think that to require that people give prior notification before they can deal with removing a tree in an emergency, doesn’t seem to make a lot of sense. I want to point that out. I hope that whoever was working on this document will look at that. Another thing that sort of concerns me is that there is something in the fact that trees that fall sometimes hit an adjoining property, they destroy something, or even if they don’t destroy something they’re lying across a neighboring property. I went to the Town once before when this happened to me, this happened to me several times, I have a neighbor next door, why we call him a neighbor, the person is a non-resident of the Town and they don’t do any clean up, maintenance or anything with that property, especially when the tree falls it’s Loretta Taylor that has to go and pay to have some of that stuff removed because it’s lying across on my property. When I had a problem with this and brought it up, I was told that there was really nothing in the Town ordinance that would allow for them to do anything about it. They couldn’t force the neighboring property owner to do anything either. I thought that was very unfair. I’m not a billionaire. I can’t run around cleaning up my property and cleaning up other people’s property, and unfortunately for me, I live in a situation where there are several vacant lots on one side of me and several directly across from me so all the leaves that blow from all the trees I have to deal with on my own if I want to have a fairly decent looking property. This becomes very tiresome. When we have a tree ordinance that doesn’t address issues like mine, and I know I’m not the only person in the town who has these issues, it becomes – you have to suck it up and I’m tired of sucking it up. I really would like something in the ordinance that says people who own a property, whether you live in the town or you don’t you have to maintain your property and may mean picking up leaves during the fall season, cleaning up after a storm, even if something falls and there hasn’t been a storm. If it’s your property and it falls on somebody else’s property, it is your responsibility to pay for whatever needs to be done to remove that tree. I would also hope that people would look at that aspect of the ordinance. I have a couple of other things but they’re not as pressing, at least for me, as some of these, the two that I just mentioned. If there’s nobody else, let me just ask in the affirmative. Is there anyone who has a concern regarding… Mr. Robert Foley responded only as a comment. I agree with what you just said Loretta but again like real time over the 49 years I’ve lived in Cortlandt I’ve experienced a tree falling from a neighbor’s property, out of sight, out of mind coming from their property onto mine. What I understood, from the Town at that time, I’m responsible for clearing it out of my yard which I’ve done over the years. So, yes, I would like to see maybe something in the ordinance along those lines. The property owner, where the dead or diseased tree falls or gets blown over onto the neighbor’s property, who’s responsible for the cleanup? And then my other question was answered in the work session by Mike in reference to the tree ordinance on getting rid of dead and diseased trees in the permitting process. Mr. Jeff Rothfeder stated and just to point out that the – a key difference of this law and the one that’s already in existence that I think is a real improvement is the mitigation plan for, especially for big projects, where like if you remember the golf course, the Hudson golf course, there was the mitigation – there was no room to do all the mitigation they had to do essentially. So this lays out a better plan to mitigate taking a lot of trees if 3 there’s a development for example, and also it creates an environmental fund that the developer can put money into in lieu of trees if that is the case because they can’t plant or it’s agreed that they don’t have to, and that fund can be used by the town to take care of other trees in the town, maintain trees that they’re planting themselves. I think that’s a really big difference and good progress. Mr. George Kimmerling stated just in terms of the change, especially as Loretta pointed out, requiring a permit even for as-of-right, it is – I just want to make sure I understand it. It is the intent of this change to require a permit for anyone to cut down any tree. Ms. Loretta Taylor stated yes, technically… Mr. George Kimmerling stated that’s how I read this. Mr. Jeff Rothfeder asked I think you always needed a permit right Michael? Mr. Michael Preziosi responded that’s correct. The code did require a permit for removal of trees, the current code. Mitigation begins once three or more trees are removed from the site or if they’re removed without prior authorization.
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